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Acquiescence legal definition of acquiescence

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acquiescence


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Acquiescence

Conduct recognizing the existence of a transaction and intended to permit the transaction to be carried into effect; a tacit agreement; consent inferred from silence.

For example, a new beer company is concerned that the proposed label for its beer might infringe on the trademark of its competitor. It submits the label to its competitor's general counsel, who does not object to its use. The new company files an application in the Patent and Trademark Office to register the label as its trademark and starts to use the label on the market. The competitor does not file any objection in the Patent Office. Several years later, the competitor sues the new company for infringing on its trademark and demands an accounting of the new company's profits for the years it has been using the label. A court will refuse the accounting, since by its acquiescence the competitor tacitly approved the use of the label. The competitor, however, might be entitled to an Injunction barring the new company from further use of its trademark if it is so similar to the competitor's label as to amount to an infringement.

Similarly, the Internal Revenue Service (IRS) may acquiesce or refuse to acquiesce to an adverse ruling by the u.s. tax court or another lower federal court. The IRS is not bound to change its policies due to an adverse ruling by a federal court with the exception of the U.S. Supreme Court. The chief counsel of the IRS may determine that the commissioner of the IRS should acquiesce to an adverse decision, however, thus adopting the ruling as the policy of the IRS. The decision whether to acquiesce to an adverse ruling is published by the Internal Revenue Service as an Action on Decision.

Acquiescence is not the same as Laches, a failure to do what the law requires to protect one's rights, under circumstances misleading or prejudicing the person being sued. Acquiescence relates to inaction during the performance of an act. In the example given above, the failure of the competitor's general counsel to object to the use of the label and to the registration of the label as a trademark in the Patent and Trademark Office is acquiescence. Failure to sue the company until after several years had elapsed from the first time the label had been used is laches.

acquiescence

the tacit approval of conduct that might otherwise have provided grounds for an action but which cannot be objected to if undertaken with the consent of the party affected. Consent may be express or implied, and one circumstance where consent may be implied is where the party affected, in full knowledge of his rights, takes no action.

ACQUIESCENCE, contracts. The consent which is impliedly given by one or both parties, to a proposition, a clause, a condition, a judgment, or to any act whatever.
    2. When a party is bound to elect between a paramount right and a testamentary disposition, his acquiescence in a state of things which indicates an election, when he was aware of his rights will be prima facie evidence of such election. Vide 2 Ves. Jr. 371; 12 Ves. 136 1 Ves. Jr. 335; 3 P. Wms. 315. 2 Rop. Leg. 439.
    3. The acts of acquiescence which constitute an implied election, must be decided rather by the circumstances of each case than by any general principle. 1 Swanst. R. 382, note, and the numerous cases there cited.
    4. Acquiescence in the acts of an agent, or one who has assumed that character, will be equivalent to an express authority. 2 Bouv. Inst. n. 1309; Kent, Com. 478; Story on Eq. Sec. 255; 4 W. C. C. R. 559; 6 Miss. R. Sec. 193; 1 John. Cas. 110; 2 John. Cas. 424 Liv. on Ag. 45; Paley on, Ag. by Lloyd, 41 Pet. R. 69, 81; 12 John. R. 300; 3 Cowen's R. 281; 3 Pick. R. 495, 505; 4 Mason's R. 296. Acquiescence differs from assent. (q.v.)

Mentioned in ? References in periodicals archive ? While the Cristofani decision strengthens a previously unexplored gift and estate planning technique, the IRS's opposition in that case and in other rulings, as well as its acquiescence "in result," indicate that the Service has not put this issue to rest.Contingent beneficiaries and the annual gift tax exclusion While it is true that the issue of acquiescence to torture is a question of fact for jurisdictional purposes, it is appropriate to treat this issue differently when determining what standard of review should be applied by the board.Government acquiescence in torture gets de novo review The film-makers seem to have traded access for acquiescence and checked their critical faculties at the front gate.Walk With Me[...] Cloud firewall solution consummate the vigorous security and acquiescence needs of IT directors by offering a self-managed firewall that can be sent in minutes.Extending Cloud Security with Cloud Firewall Solutions at Web Werks Data Centers In addition, the Applicant's acceptance of the partial judgment by proceeding to enforce the ruling made in its favour does not in itself indicate its acquiescence to the ruling and waiver of the requests for relief on which the Court made no ruling.Abu Dhabi Court of Cassation gives Guidance on Omission Applications Silence under the present circumstances is tantamount to acquiescence, he said.India can't deter freedom struggle: AJK President The authors cover the basics of persuasion, initiating cognition in the intervieweeAEs mind, transitioning toward acquiescence, using frames instead of themes, and many other related subjects over the course of the workbookAEs five chapters.Persuasive Interviewing: A Forensic Case Analysis, 2nd Edition Curtice said: "If either LABOUR or TORIEs can get to the 300 mark, the Nats' acquiescence is no longer required.Lib-Lab pact could freeze out SNP A deal would require acquiescence from Kazakhstan and Russia as transit nations, however.Ukraine wants Turkmeninstan to resume gas supplies Syrian President Bashar Assad says he supports any international campaign against terrorism, giving an indication of acquiescence to the strikes.Developments in the fight against extremist group US, UK look other Way as Bahrain Imprisons Dissidents (Maryam al-Khwaja is Latest) Bahrain's allies have opted for a disastrous policy of appeasement and acquiescence, and they have remained largely silent in the face of human rights violations.The Pot Calling the Kettle Black: Israel used Palestinians as human shields With US acquiescence and funding, it can and does what it pleases.No popularity contest; You Say Email:[email protected]
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